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16-2537 - Coleman et al v. Sears Home Improvement Products, Inc.


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16-2537 - Coleman et al v. Sears Home Improvement Products, Inc.
March 20, 2017
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ORDER: IT IS HEREBY ORDERED that the Defendant SHIP's 54 Motion to Strike Class Allegations is GRANTED. IT IS FURTHER ORDERED that Plaintiffs must amend their complaint to eliminate their class allegations by April 12, 2017. IT IS FURTHER ORDERED that Plaintiffs' precautionary 32 Motion to Certify Class and Plaintiffs' subsequent 134 Motion to Withdraw Motion to Certify Class and All Claims Related to the Proposed Class Action are DENIED AS MOOT. Signed by Judge Nannette Jolivette Brown on 3/20/2017. (mmv)
March 21, 2017
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ORDER: IT IS HEREBY ORDERED that Defendant SHIP's 10 Motion to Dismiss Plaintiffs' original Petition is DENIED AS MOOT. IT IS FURTHER ORDERED that Defendant SHIP's 49 Motion to Dismiss Second Amended Complaint is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that Plaintiffs are granted leave to amend their complaint by April 17, 2017, to address the issues identified by the Court. If Plaintiffs are unable to cure the deficiencies in the complaint by that time, upon motion of a party the Court will dismiss the following claims: (1) Plaintiffs' claim of redhibition; (2) Plaintiffs' claim of fraud; and (3) Plaintiffs' request for attorneys' fees. Signed by Judge Nannette Jolivette Brown on 3/21/2017. (mmv)